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Consent Agenda ~~aY r~`3 ~EFF~RS~ ~U~NTTY ~UBL,I~ ~A~LTH ~,5;'';~,~~~ 615 Sheridan Street o Part Townsend o Washington ~> 98368 www.ieffersvncou ntypuhl chealth . org Aped 5, 213 ,~~F~ERSD~1 C+U~N`~Y 8[?A'R~3 QI~ CU~lhITY ~C~QM~ISSIC7~N'E~tS ~GEN[?A ~tE(~UEST Tp; Bvard of Ca~r~t~y C~mmi~ssioraers Phiiip Il~orley, +Co~nt`y Administrator ~~a11+-1: Jared Keefer, En'trirenrnental I-le~lth and IN'a~er Qu~allty airect~r QATE: iii`"' ~- ~ ~ 1 ~ 1 ~~~! ~ SUB]EGT: Agenda heart ~- Agency Agreement ~- Coc~rdirtated Prevention Grant - l=nforcerxtent, Amendment #1 - #G1200189; January 1, 2012 - June 30, 2013; add'I $32,000 tota'I $170,885 STATEMEIVfi_C3F ISSUE: Jefferson County 'Public tfealth, environmental i-lealth, is requesting Board approval of Agency Agreement, Coordinated Prevention Grant -Enforcement, Amendment #1 - #G1200189~ January 1, 2012 ~.. June 39, 2013; add'I $32,900 fatal! ~I,70,885 ANALYSISISTIItATEGIC GpA~S1~'RQ'S_arad C®lN'S: This agreement with Washington State Department of Ircology promotes and ensures compliance with the solid waste management regulations as identified in the local Comprehensive Solid Waste Management Plan and l"la~ardaus Waste Management. Due to extensive staff time spent on the Part Townsend Paper Company this past year, there was a shortfall ins projected funds. Additional funds were granted to continue scheduled work. The county wily continue to review applications far solid waste SSW) related permits, renew and issue solid waste related permits, and conduct various SW related inspections relating to enforcement of SW rules and regulations. The county w~i~ll respond to caanplaints and provide technical assistance regarding proper handling and disposal of solid waste at these identified facilities: Indian Island Inert Landfill, PT Paper Inert Waste Landfill, JC MRW Iacility, PT l3iosolids Compost l=acility, JC Transfer Station & Recycling Center, Quilcene Drop Box,. JC Closed landfill, and four exempt facilities Walley View Dairy Compact, Leavitt Trucking & Excavating, Shine Facility, Peninsula Auto Wrecking}. The County will continue to respond to and investigate illegal dumping and SW complaints. The county will continue to provide public outreach.. regarding proper l~anding~ and disposal rnethads. COMMUi~ITY HEALTH ~~~~'~ ~~~~~~ ENVIR©NMENTAL HEALTH iJEVELOPNlENTAI DISAt~I!. ITI~=4 WATER QUALITY MAIN: {3b0~ 385-9440 ;,~~,,~YS -N~RKI~1~ FOR A SAFER ~~:_~:- MAIN: {3fifll 3$5-9444 FAX: i360J 3$5-3401 HE~LTH~FR [OiM~M~UHITY fAx: (36flj 379-4~#$7 Ctarts~r~t Abent~a ~a~s~~,~ ~~p~-C~~~o~~r ~EN~~~r AruA~YS~s: The grant amendment adds $3,000 in revenue, A ~5°r"a match is required in the ar!no~snt of $8,000. Match is provided through 5alid 1N'aste grogram fees and the County General Fund. R~CDME+-IE~-1DA3'It)N: JCPH management request approval of Agency Agreement, Coord6nated Prevention Crant - Enforcement, Amendment. #~ - #G~ZflD_ 189,' January ~, 2012 - Juane 30, ~0~.3; add`f X32,0©[? total $170,885 gate {Routed to ail ~ublt Health Manager} A1'V17F:1`I]i1~E1~1T ~+o. ~ To ACREE-7.ENT 1vo. Gl~oa]<Sv ~3!~;`>"~YEE'v THE STATE flI~ ~'A~HrTlG"~"[~l~i }]EPARTME'VT C?F EC[7LC7CY AND ,)E~''I+ERSCIN C~3LNTY ~'LJBLIC HEALTH Purpose; To amend the above referenced grant agreement beh~•een the Department of Ecology {Deyaartrr~ent} and .-ei~ersan Caunty Public Health (Recipient} to increase the maximum eligible cost of this agreement to assist with. an increase ire eligible casts associated with oWersight of facilities. IT IS M'[JTLALLY AGREED that the agreetnent its arnendec- as fo--ows: -. The maxirnurn e-igible ce~st far this agreettment is increased by $32,000 frcam $138,885.33 to a total ot` $1'10,885.33. The state share atnount for this agreement is increased by $24,000 from $104,164 to a total e~f $128,1 d4. 2. "I'he fo-lowing tab-e out-ines the changes to the budget listed by task.. Current Anienclmcnt Agreement Total 1 Categor~• and Task T3ud~ct A~~~cau~~t I3~icl4ct Am~~us~t #3nd;;et A~~~ount 1. 5+0LI~© WASTE ENFORCEN]'1=NT ~ $ X38,885.33 ~ $ 32,{]Cl(} ~ $ a7©,885.33 $ ~[]ND SCOURGE; CPG (LTCA} Maxr~~urn Eligible Cyst: ~ 17[1,8$5.33 FUltiI7 ~ 11 G12AI~T I'f;1tCEl~T (~'lnj ~'I'A'1'E GRANT :5Hr1.ltL [,Deal I'axics Control 11cc[:unt (I.TC.'1) ~ l ZS, 164 75°/~ f~1ATC'II IZFQU1RlE~11XCNT 1~7A`l"C[1 PPR[:E1tiT (~/~) L+()C.~L SIiAItF Cash Match 25% ~ 42'`121.33 lnterlacal Casts [I% $~ Page 1 of ~ Agreement No. G120f1I8~ - Amendmel7t 1 Coordinated Prevention Grant 1'rograra7 P.egular Cycle Agreement with Jefferson County 3. The expected outcomes remain unchanged. 4. `l"17e e#fectiv°e date of this. amer~dsnent is .lan~ary I, 2€11 i. 5. All ether terms and conditions oftl7e origi~7al agreement and a17y amcr7drxlents remain in full force and effect. III WTTl\E~5 WHETt)IaC~1F, the parties sign this Amendment: STA'Tld [JF WAS~~IGTbN 'Dl~i'A'R`1"NIFNT alp ECC3LGG1' Iuaurie G. Davies Program IVtanager Waste 2 iiesources Prograan APPROVED AS TCl F[)RM f]NiGY ,4ssistant Attorney CYcneral ,I~FFEIit;S~ON C()>Ul~i'~'~' ~'UBI~~C ~H+~AI,'~'H 1g17:atory Date Printed 1~alrle anal ~~'itle of signatory late ~Ppr~v+ed as fob a~j W ti ~ ~ ~ ~~ ~ J~f~'et"~~tt ~~. IE~rosecutr,r, (7ffice Page z Q~ 2 V~V',A 51c"1.IB i~epar¢nrtent C[}©RDINATED P~E'VENT~f.~N CRANT ACR1~~mI;N T of ECViv9Y tSWR~) 13ETWE~N T[-IIJ STATE Ol" WA5HINCTDN DFPAl1TlY~~NT OF EC{~~C]G1' AND JEFIFERSC)N CC?17NTY PU'I~1~IC ~-1EALTH Crane l+lo.: G12~{1184 This is a binding agreerriertt entered into by and between. the state of Washington Bepartment of Ecalo~,ry, hereinafter referred to as ECQLaCY or DEPARTNII~N°f, and Jefferson Gounty Public j•~ealth, hereinafter referred to as the RECIPIENT, to carry out the activities described herein. JLJRISDICTI(3N: FAILING ADDRESS: CITY, S"I'A"f'E, 7IP: Jefferson County Public Health 615 Sheridan Port Townsend, WA 48365 RECIPIENT GRANT CdC)RDINATQR: TELEPH(3NI=:: FAX:. I3-MAIL: Veronica K. Shaw 35[7-3 85 -44Q4 zero ni ca(uJ eo.j e fferso n: w a. u s RECIPIENT F3ILLINGIINVOICF CGQItDINATGR: Susan Parke TELEPE IC7NE: 3617-385-4437 I: A X: 3 fro-3 85 -94(} I' E-E~rIAIL: sparke.c co.~efferson.wa.us EL;t-lL{3C,Y GI2.ANT OFrICIIt: `C'ELEPI-IC)NE: FAX: 11-ivIAIL: Tami Ramsey 3bD-~I4}7-fib ] 2 tam i.rarrascy~u),ecy.wa.I;ou FiJNDING SfJtJRCE. N1AX1FtJF ELIGIBLE CnS'I` S'7'A"fE GRANT SHAKE LC]CAI. SHARE STrATE MAXIlv9UlVi GRAN"1' PI;ftCENT I~'1:DERAL TAX IDENTIFIC:ATIGN N47. f;}~I:ECTIVI DATE OI~ THE AGREEFEN`1' Loca11`oxics Control Account 138,885.33 I;1~4,i~4 $34,721.33 75 °/a 4l-6QU1322 t71-f7i-24112 EXPIRATIfJ'.~i IAA"fE C}F "I'HE f1,GRI;.;EWfEN"I' a6-347-24113 Grant Na, G12t7~ 189 1e1'ferson C©u~nt}' 1''uhtic twteatth Page ? uf~ l 7 PANT 1: SC[)1'~ QF' W[]KK The task{s} set forth below surrtniarize the ~.ICII'11~N'I''S activities to be performed under this agreement. Casts are limited to thaw approved by ECC?LC~CiY as outlined in tl~e scope of work and 1',udget. The IZpCIi'IEN`1' trust complete all deliverables by the expiration date of this agreement, including delivery of purchases, unless otherwise stated in the scope of wank ^r approved by 1wCCLt7GY in writing. Nate: The term "task" as used in this agreement is interchangeable with the temp "prapect" as used an the online Solid Waste lnfortnation Clearinghouse and "element" as used an payrttent request forms. "1"he "Maximum lligible Cast" is the rs~aximum amount af'eligsble casts incurred by a RECIPfE?`''r that lGC[)L.QGY cats reimburse at a rate of 75 percent under this agreement.. °i`he RECl1~Il~NT shall identify the rvark plan, deliverables, and activities by "Quarter". A quarter is defined by cal~;ndar year and begins with the #irst three months of the grant period. `fhe 1ZT_?CIpII,~kT may, negotiate changes to the wort: plan directly with the ~.CQLUtiY grant officer; no formal amendment is required to change: the work plan. both parties shall dac:ument mutually agreed changes in their grant file. CATEG{)IiY: SOLID WASTE ~NF®RCi^.N1)~NT INaxiznurrz l~;ligible Task Cast: 5138,885.33 1. TASK TITLE: S[}1,II) V4'ASTI '~:Nf C~I~CEI'vIENT Sub-Task 1 SOLID WASTE HANDLING ~AC[L~TY AND SITIEa C[}MPL~ANCE Task Descriptirrn: RFCkT'I);~1T shall monitor solid waste handling. facility catnpliance with applicable state solid waste regulations including but not limited to Chapter 173-3~~ 14'AC, Solid baste Handlira~ S'taa~dards, Chapter 173351 WAC, Criteria for tLlunicipal Solid Yt'a,s~te Land~ll,r, Chapter 173-3~4 V~'AC, rt<1'animum Farnctional Standards fear Solid Waste H~rndlinS, and any related laca4 solid waste regulations, or cedes. I~d~CIPII/NT shall accomplish tttanitaring of solid waste handling #`acilities artd sites as prescribed by° the applicable sand waste regulation.{s}, including but not limited to inspections and oversight, review' of graund~~ater data, and annual review of financial assurance. l~l/CIPIENT shall file all issued permits to the appropriate regional Waste 2 Resources Section ivlanager within seven {7} days fallowing issuance in accordance with WAC 173-3~C1~71 D {2~ (e}. I~~e~v solid ~~'aste permit applications and notices of exerttptian considered during the grant period for facilities nat. listed in this task may be managed under this agreement. Carant No. G 12(7a 189 Jefferson Cr~i~nty Public I°lealth Page 3 of 17 'ft~CIPIEB~IT shall sneer the terms of the applicable re~;ulatians for the follawing activities: Perrrait issuance _WAC 173-350-7I0 (2} Permit renewals -- WAC I73-350-71IJ (3} arsd Chapter 70.95.19Q RCW r Permit rt7©difications -WAC 173-350-710 (~} r 1!nspectirans ~ WAC 173-350-7IQ {5) . Permit suspension and appeals -WAC 173350-710 (b) . Variance - WAC 173-35Q-710 (7} Permit deferral -WAC I73w350-710 (8} There are seven (7} solid waste facilities or sites currently identified in Jefferson County with an active salid waste permit: Jefferson Count}' Transfer Station • Jeffersan Caunty I~rIRW Facility Past Townsend Paper Landfill . Indian lskand Inert Landfikk' Jefferson Caunty Recycling Center . Port "Townsend F3iasalids Catnpasting Facility, . Qulcene I]rop Bax Permit renewaks far the fallowing facilities shall be issued per Chapter i 73.33fl.~ lfl (3} WAC and Chapter 7Q.~5.19D I~CW. There is one (1} solid waste facility or site currently identified in Jefferson Ctlllnty in past closure status: • Jefferson County Closed Landfskl RECII'I~NT may inspect and rnanitar sites that are in "exempt" status. There are fear (~} solid waste facilities ar sites currently identified in Jefferson County in exempt status: . Leavitt Trucking & Excavating • Peninsula Arita 1+4''recking Valley View I]airy Campast . Miles Sand & Gravel Shine Facility RECIPIFI~IT may revkew annuakly the coanpliance status of any solid waste handling facility operating under a permit deferral approved in accordance with WAC 1'13-3Sfl-71 fl (H}. RFC1PlEN`T raray contact 1~cQlagy° staff when a facility is found to be Drat of compliance to determine appropriate corrective actions, RI/CIPII~1T shall report conrective ar enf©rcement actions ore the standard grant reporting fauns for the. quarter in which the activity occurred. All grant funded activities shall be accomplished by the RECIPIIdN~' and RI~CIPII~N"T's employees. The ItECIPIFI~IT shall only use sub-recipient serr°iees as it is identified in tl~e task's. scope oI`warlc and budl;et. The 'f3)PAItT1vIENTsh~el in na way be hekd responsibkt; fear reimbursement of salaries, consultant's fees, and rather casts related to the task except as provided in the task's scope of work. Generally, the follovuing activities and associated cases arc ekigible Grant Na. C~ 1 ZCDU 189 1ett~erson (,Crr~nty P~tlJlic health Page ~ rrl' 17 far rernbursetxtent under this task. Time accounting and invoices ;submitted wit}r the KP.C:If'T~:1'~]T's request for reiml7ursement must support eligible costs. Staff time o }nspectinns, monitoring, fn--aw-up, including permit ~~~ting, and re}rarts a Aevie~~° groundwater monitoring data o Provide Technical assistance a research emerging solid waste issues o E1,ttend related trainings (grant af~cer prior apprnva- rccnmmcncied) Q Participate in solid waste arganirations grant af~cer prior approval recotnn,ended) • Purchased services o Laboratory services as may be necessary to determitre facility compliance wtith sa}id waste standards, inc-udirtg confirmatory groundwater analyses • Sub-recipient services o Nane identified under this task Goal Statement: The goal of this task is to protect hurrran hea-tkr and the environmet}t by than-tnring compliance with state and local salmi waste regu-ations. y Outcome Statement: The }~ECiPI~NT expects to comp-ete at least one inspec:tian per calendar year at each permitted solid waste facility nr site identified utadcr this task. V~'rrric flan, I)elit°erables tend Activities Timeline: ~1 Develop~sul~mit prospective annua- iraspectian schedule to grant aflicer Accomp9ish facility acrd ether inspections as scheduled Fa-]nw-up as required 1 needed Provide oversight i' monitor far compliance [22 - ~4 Accomplis-a fac-lity and other inspections as scheduled l~ol-aw-up as required 1 needed Provide aversiglrt 1 monitor far compliance ~S - Qf~ Same as [~ 1 Method oi` Ewa}cation: R1~CIPd~NT will track oversight for solid waste facilitieslsites, comp-ete quarterly progress reports through the Solid Waste tnfarmatinn Clearing-~ouse, and submit copies of inspection reports to grant officer for inspections conducted in the gtaarter; file a-- issued permits as described abavr:. if grant funds are used for laboratory sen~ices, the 1t~C1PlF}v'T evil- note the sites and briery describe the analytical results in the can-espnnding gtia~terly progress report. Grant No. G12U(]t8~ )el~fersnn County Public 1-lealth Page 5 of 17 Sub-Taslt 2 SQ1<.ID'WASTE INVES"1`IGATI[3N, ASSISTANCE ANTS ENFt7RC;IJ1VIlENT Task I)escriptian: ~;~CIPIENT shall investigate solid waste related complaints or concerns, including, at RI~,CIPIINNT'S discretion, assisting in the. proper handling of abandoned or illegally stored juzik or nuisance vehic4es. I~IICIPIENT shall offer technical assistance al}out solid waste regulations and how to prevent violations. ItI+CIPIENT shall enforce as necessary. R~CIPI'CNT shad provide public education about proper handling and disposal methods. ,~16 grant funded activities shal9 be accomplished by the RCCIPIINT and RECII'I~:NT°s eznplnyees, The RECII'i'~NT shall only use sub-recipient services as it is identified in the task*s scope of work and budget. The I31~I'AItT1vI~NT ;shall in no way he held responsible far reiznbursezrzent of salaries, consultant's fees, and other costs related to the task except as provided in the task's scope of work. Generally, the following activities and associated costs are eligible far reirzjbursement under this task. Time accounting and invoices submitted ~vitlz the I~1/CIPIENT's request for reimbursement must support el'sgible costs.. Staff time 6 Investigate solid waste related complaints or concerns o Fallow up, including enforcement o Provide technical assistance for proper handling and disposal czf solid waste o Research emerging solid waste issues o Attend related trainngs (grant officer prior approval recorr~mended} © Participate izt solid waste organizations {grant officer prior approve! recommended) Purchases o Communication d 'Vehicle use o office supplies (to the extent it is not covered in the overhead} a Tools (grant officer prior approval recommended] n Costs related to education 1 outreach Sub-recipient servrces ~ None identified under this task Gnai Statcrrteztt: The goal of this task is to protect human health and the environment by ensuring compliance with local and state solid waste regulations. C3tttcome Statement,. []v~;r the 18 month grant period, RECIPIENT expects to investigate and resolve lit} salad waste complaints or concerns. RIJCIPI,ENT expects to assist in the proper handling of 14#7~unk or nuisance vehicles. ~'Vnrk Pla~r+, Deliverables and Activities Timeline: (~I ~ Qfi Investigate and resolve solid waste complaints and concerns, follow-up and enforce as nccess~~rv, research emerging solid «~aste issues Grsint Nn. ~i 120ts ~ t39 .teffersan [iour~tY Public Health Page ~i crf ] 7 Methcad of Evaluation: R~CIPI~N`I' will track the number of investigations and resalutions (including enfor°cerrtent actions}, numbers of general assistance provided, and will report this infi~rmatian quarterly in the Solid Waste lnforrnation CJlearinghouse. ~a~R~r ~: >~~~€:=I~T B[]IIGET S'4j T;iSK 1VZa~imum ,Eligible Cast ~(7LI>d'~'VASTE TI'~EF~I~CEtI!1E1V'I' S 138,885.33 1. S~I.ID 1~~J~lST1; ENI~'(7ItC1~1vF11tiIT $ 138,885.33 'l'QTl~1L MAXIM[11VI EI~IGI~3LE C;QST S 138,885.33 STA"I'1; SHAI~I~ X75° o} ~ I Q4,164 LCICILL Ca'~SI~ MATCII (25°'0} $ 34,721.33 l~AU•r ~: lavlucE^r co~lu~T~y~ls A. FCC)L®C3Y requires the ItI~CIPIIJI~IT to provide a match of 25 Percent afthe maxintum eligible cost with cash or interlocal casts. Interlocal costs are the and}~ type of in-kind contributions the F~IICIPICN'T' may use as traatcl. B. If parties are contribtting to the local share of task cQSts (match) through interlocal-in kind coniriliutions, the I~ECIP11vI~1T shall negotiate a merranranda of understanding ar other written aln-c:ement c€~n~rming the contribution between the. parties, These agreements shall specify the exact work to be accomplished and be signed by all parties contributing to the local match of this task. Copies of these agreements shall be rraade part afthe (tEC1PIIaN"1`'Sgront file and submitted to 1MCC7I..C)f:~Y. C. Overhead is eligible at a rate up to 25 percent of staff salaries and benefits for actual tune spent an tasks outlined irr this agreemnni. Salaries and bcnehts to administer the grant agreement are eligible (excluding tirrre spent to write a grant applieatian), D. "fhe REClP6ElyT must submit a 4vritten request to ECOLOGY to amend budgets between grant tasks, to madil'y a scope of work, ar for a budget increase or decrease. To increase or decrease the agreement's total maximum eligible cast or change the scope of work for any tasks as outlined in this I~rant a~,~re°ment, ECOLOCfY res~uires a formal amendment. ~;. The RF'CIPIENT trust provide ECOLOGY ~+~ritla an updated Spending Plan when regt~ested by i:t~OL(~GY. t~rantNd. Gt2~t3ts~ ]c:ffersc7r~ Ceraanty Public g;eaith Pa~,e 7 of I7 F, Any work performed or casts incurred prior to the effective date or after the expiration date of this agreement will be at the sole expense of tl~e RECIPIENT. PA>~T a: s>~~Cr~i~ T~xn~as ~i~~ ~alvnlT~c~~v A. BILLIQNG 1, Unless otherwise approved in writing by EC(}I~C}CY, the RECIPIENT shall submit a payment request to ECULC~GY at least quarterly (by calendar year}, but no more often than once per month. •rhe RECIPIIII~IT must submit payment requests on approved estate Invoice Voucher forms: A 19a Ip, I31I132, CifC2. I Jrrtil there is a charrge in agency policy, the recpirnt must submit an A-19 signed in blue ink.Iay an authorized person. The B2 and C2 fprrras are acceptable in electronic format. The RECIPIENT must also include all baekup documentation to support costs itemized on 1~arrrr C 1102. The budget is organized by task and therefore, the RECII'IE;?~i'"I" shall itcmire costs by task on Form C 1102 and I~orm B 11F32. Forms B 1 and C 1 are used only ~~~hcn irateriocal costs. are used towards the 2S% match. 3. Any income directly generated as a result of the activities funded by this grant shall be reported as a credit against the expenses ofthat activity, as required by ECULC)~GY'S,4dmiraistrrxttve He~uarements for ~2eCrpi~nts of Ecc~Ic~gy Grants ernd Leans, Ecology Publication #91-1 IS. 4. Payment to RECIPIEI~IT will be issued through ~aVashington State's Office of Enterprise Services (pES}, IDES maintains a central vendor file far Washington state agency use to process vendor payments. This allows venders to receive payments from. all participating state agencies. ItECII'IEI`!'I'S roust register as estate-wide vendor (S'~'~~~} by submitting estate-wide vendor registration farm and an IRS W-9 form {~~=ww.o~a,~.~va..~o~ a4f~ ~s,3ado~-s-t~ay~e r~~istr~rti~~~~.cloc'1 to f3ES. If yata have questions about the vendor registration process you can contact DF S at the Payee Help Desk at (3Ert}} b64-777 or email to p~~eehelpdesk~t?ofara.wa.~ov. B. 4PtJIt`>l`IIS~ 1. The RECIPIEI~JT shall submit a progress report with each payment request but no Less often than quarterly unless otherva°ise approved by ECCLOG~' . These reports shall include activities that suppa~ incurred casts shown on the Cd or C2 of the payment request, and must be submitted on- line through tlae Solid Waste Information Clearinghouse. 2, RECIPIEI~IT's must submit a final report of task outcomes through tl~e Solid 1~Vaste Information Clearinghouse. The final report rr~ust he submitted before ECDIJt;3GY can process a final payment request. a, final Performance Analysis (FPA} reports are used for all Planrairz~ rxncl Inr~lementation tasks and special tasks in a solid tivaste enforcement grant (special tasks der rant include: r~:gular solid waste enforcement work stiach as enforcing solid Waste codes). b. For Solzil }f'uste Enforcement tasks, recipients maast submit their tiraal quarterly solid 4~~aste enforcement progress report. Grant Na. G 120[3] $9 Jeffersnn Gaunty Public I~ealth k~age $ of l7 c. ~c~r~rm~ Iv~TATrOn! 1. Tha ItECII?1ENT shall submit strpparting documents with each payment request. This incl;ades cancelled checks, invoices, purchase receipts, payroll records, tune and.. attendance recnrds. contract award documents, and any dacunaent deemed relevant by ECOI_,O{GY to establish the approval of an expense itemized an Fame C 1102, ®acurxtentatian steal! be clear and legibly and organized by task in the artier in which it is itemized an Form CIIC2. 2. `fhe 1~ECIf IEl~T shall maintain in a common file, grant related material and supporting documents including invoice vouchers sent to ECOLOGY, The Itecipierat shall keep all supporting documents for audit purposes far at least three years. from the date tlae agreement is closed by ECC)LOGY. 3. The I~C~IPII;NT shat! use the ECOLOGY provided F°arrn E, or an equivalent time accounting document approved by ECOLOGY, to record staff hours being charged to the grant, D. "I"~tA!<hII~iG "The I~ECIPIEIvT agrees to participate in any EC(7I~®GY recommended trainings related to managing a C PG agreement. E. IVIII~iORITY All1] W[)M.F~IV'4 13E~aIl4)ESS PARTICIPATION The RECIPIEtdT is encouraged to solicit and recruit, to the extent passible, certified minaritti~-awned ~~II3E}and women-awned (~~VSE} businesses in purchases and contracts initiated after the effective date of this agreement. Contract awards or reaectians cannot be made based on MI3E or ~,~"T3E participation. NL~`WI3E participation is encouraged, however, and the ItECII'IE'~I`1" and all prospective bidders ar persons s~rbmitting qualifrcatians should lake the fallovk•ing steps, when possible, in any procurement initiated after the effective date of` this agreement:. a) Include qualified minority and watnen's businesses on solicitation lists. b} Assure that qualiled minority and watnen's businesses are solicited whenever they are potential sources of services or supplies. ~) llivide the total requirements, when economically feasible, into smaller tasks or quantities, to pern~it rnaximurn participation by qualifed minority and warren's businesses. d) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. e} Use the services and assistance of the State 4)ffce of ~'Iinority and ~v4'omen's Business lnterprses (OM~~'SE) and the C7ffice afMinority Business Enterprises of the i~'.S. i~e,partment of Commerce, as appropriate. l} The I~EClPlE1~IT should report payments made to qualified firms to ECOLC}GY at the time of subrrrittirtg each invoice. Please include the follo~~~ir~g information an ECCOi.OGY provided form (1~ ar~n ~). Grant Flo. G12t30189 3efferson Coraraty Publac health Pale 9 ot` 17 g} Marne and state [)MWI3E certifcation number (if available} of'any qualified firm receiving funds under the invoice, including any sub-andlar sub-subcontractors. h} Tlae fatal dollar amount paid to qualified firrras under this invoice. lE'. 1'IZGCUItT~M»h~IT ANIl C~I~TI~ACTs a} The 1GI1'IEIv$T sha31 provide written certifrcatiorr that it will follow its standard pracuremerat procedures andlor applicable state law in awarding contracts, RE~:IPIENTS ~,vith no formal procurement procedures must certify that they have complied with tyre "standards for Competitive solicitation," found ira bark V of th~.4dminastrative Reyuirerraents far Recipients of Ecology Urants and.~oar~s - Yeltoav Barak, Ecology Publication #9I-18 (Revised September 2flQ5}. b} Ldpon isskrance, the RI~'CIPIEI~IT shall submit a copy of all requests for qualifications {RF'~s}, requests for proposals (Rl~"Ps}, and 'bid documents relating to this grant agreement to ECC3l~aGY's grant officer. c} Prior to contract execution, the 1tECIPIEN`l' shall submit all draft documents grad a copy of the draft proposed contract to ECUI~UGY'S grant officer far review. f'ollawirag the contract execution, the Rl~CIPIEIgT shall submit a copy of the final contract to ECC}I.,QGY's assigned grant off-rcer. d} Unless a specific purchase of equipment or real property is already written into the grant agreement, the RECIPIEI~IiT must submit a written request to EC:flL[)GY to purchase any equipment ar real property (Property} with a single unit purchase price; of sS,~t?4 car more. The request shall include the ~ustif cation for the purchase of the property, the total cost, the intended use, and the anticipated useful life afthe property. `l'he request must be approved in writing by E~=d~GGY prior to the purchase. G. IJSE OF EXISTTIVG CQ1VTIt~hCTs The IZECIPII~NT may use existing contracts that conform tv adapted procurement procedures and applicable state laws. The I~k:CIPIENT shall notify ECC)I.GGY if it plans to use contracts entered into prior tv the execution of the grant agreement for performance of grant-funded activities. The RFCdPIEI~IT shall submit a copy of the signed ccantract to its assigned ECQL©GY grant officer, The grant eligibility of products or services secured by the RECIPIEI~IT under existing cottracts used to perform the scope caf want in this agreement must be deerxred allowable and reasonable by l~Cf'li',4GY prior to cost reimbursement. kI. PII'<UPIitTY Als1)1EQ~IPMF~iT MAI~AGEMIGNT ANI7 li}ISPf)slTt[7[V Far equipment ar property purchased with a cost of at least sa,k~DD per unit or functional system,. the R.F.CIPIEIgT must utilize an inventory control system, including physical inventory to doctrrnent the angving use,. a description of the item (including serial or vehicle identification number [VINE when passible), and location. This information shall be; submitted to ECC)LC)GY upon request until t~raal disposition is made. The RL:C;lP1EN`1' shall investigate, clocuraaent, and report tv 1COI.C?GY any lass, theft or damage upon discover}~ caf such conditions. The. Ii.I~CIP1El'~1T «~ill foliaya~ manufacturer recommended naaintenance procedures tta I;eep the. property in gacad operating condition. Grant ;~lo. G I 2Q() t 89 ]efferson County Pubt`vc d-dearth d'age 1(} ofd 7 The I2F`CIPIENT shall submit a written request to the ECC)I_.C~GY for any intent to change the use of the equipment as outlined in this grant agreement, including uses ,past the expiration date of~ this agreement. disposition of the equipment shall he determined by F.C'GLC7GY and dacutz~ented in r~'riting. A copy of the determir7ation will be provided to the I~~,CIPII/~IT upon >/CC?I.flGY's closure afthe grant agreement unless already identified in the task's scope t}f4vork. a. If the equipment %s necessary for the continued operation of tl~e prajeGt or other projects administered through IJCGLQGY, the grant officer may instruct the recipient to retain the equipment with na further ccampensation to l~~'l~I.aGY, b. If the project has no farther sigrai~cant use far the equiprraent, the grant officer rna~' instruct the recipient to retain ar sell the equipment and pay f„COIe.flCiY an amount equal to IJCQLC)GY's share of the c~rrrent fair trrarke:t value, sale proceeds ar other price agreed upon by the grant officer. c. The grant officer may instruct the recipient to transfer title to ECDL+C)GY or to a third party nattred by E;CQf~C7GY who is eligible under existing statutes. L ALL Wf~T')l1VGS C(~I~ITAIl~Ell )(~F:I~EIN This agreement, including the "General Terms and Conditions," I'rogtam Guidelines - Coordinated Prevention Grants 2~Q12-2[113, and ECQLGGY'S ~c{nzinistre~tive Requirerraents_for Reuca~i~nts raf L'cvlr~~y +Jrants anct Lt~an~, Ecology Publication x#91 ~18, contain the entire understanding between the parties, and there are no other understandings or representations except as Chase set forth or incorporated b}' reference herein. Na subsequent modifrcation(s) of amendrrrent(s} of this grant agreement shall be of any force or effect unless in ~r~riting, signzd by authorised representatives of the I"t>CIPII~`M11T aril EC©LQGY and made part of this agreement. ,I. ARC~H~.~QLC}GIC~AL AIVU CUL'1'L~tAL R>g~©CIItCES The I2LCSPIIINT shall take reasonable action to avoid, rninirnize, or mitigate adverse affects to the archeolagica1 or cultural resources. R1/CIPIIN'1' shall immediately cease work and notify I?,COLG+C~Y if any archeological ar cultural resources ate found while corrductirig work under this agreement. do the event that historical or cultural artifacts are discovered at the project site, Cite I~CIPIIIN~I' shall also notify the state historic preservation officer at the L?epartmertt of Archaeology and I-IistoriG Preservation at (3b0) 586-3765. Applicability of the National I-Iistoric Preservation Act ~NI-IPA} may require the Itl/CIPib:-NT to obtain a permit pursuant to Chapter 27.53 I~C1~d prior to conducting on-site activity with the potential to impact historic properties (such as invasive sampling, dredgir7g, or cleanup actions}. K. LN'VIR()'?~i~IENTALLY PFiI~:I{F:I2I~.?~#i~..l~; PIJRCI~~^~5T"WG In a joint effort to save casts, produce energy savings and prevent ~~~aste, the k)CIPIIbNT agrees to use both. sides of paper sheets for copying and printing. The I~fCII'I1NT also agrees to purchase paper products with a high level of past cotasurner recycled content whenever it is corxtparable in quality, availability and price. Gcant No. G 12{1f71 X39 Jefferson Crounty Public 1°[ealti~ Page 11 cif 17 'PAR'T' S: GENERAL TETtl4IS ANT) C~1~lI]T'I('TC}NS ~,, RIE;CII'IENT PERINC~R.NTAI~ICE AlI activities far which ~rarttJloan funds are to be used shall be accomplished by the RECIPIEI~IT and 'RECIPIENT's employees. The RECIPIENT shall only use contractortconsuliant assistance if that has been included in the agreerrtent's final. scope of work and budget. I3, SUI3GRANTEEICON'I'RACTflR CQIWII'LIANCIa The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this af,~~reement. C. TI~TRI~ >?ARTV gINEFICIAR'Y The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this. agreement, the state of 1Nashington is Warned as an express third-party beneficiary of such subcontracts with full rights as such.. D. CGNTRACTI1~lG I=C]R SERVICES (BII?UING} Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded thxough a competitive process, if required by State law. RECIPIENT shall retain copies of all bids reeeiVed and contracts awarded, for inspection and use by the ®EPARTIvIENT. E. ASSIG1~lvIENTS No right or claim of the ItECIPIF.,N~I` arising under this agreement steal l be transferrer) or assigned by the RECIPIENT. T+. C~ll'IPLIA]~ICE WZTfT AT~I~ I~A`WS 1. The I~ECIPIEI~T shalt comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure tl~e necessary approvals and permits required by authorities having jurisdiction over tl~e project, provide assurance to the I3EPAR'I'IvIENT that all approvals and permits have been secured, and make copies available to the DEPARTMEI~~'1` upon request. ?. Discrimination, The I3EPART`IVIENT and the RECIPIENT agree to be bound by all l°ederal and State laws, regulations., and policies against discrimination. '1"he ItECIPIEI~IT further agrees t© affirmatively support the pro~~ram of the Uffice of IVlinority and Women's Business Enterprises to the maximum extent possible. If the agreement isfederally-funded, the RECIPIENT shall report to the UEPARTivIIJN~i' the percent of ~~rant+'loat~ funds available to women or minority owned bL15ttYeSSBS. 3, Wages and .Iob Safety, The RECIPIENT agrees to comp)}~ ~~•ith all applicable law~,~s, regulations, and policies ofthe United States and the State of G~'ashington which affect wages and job safety. 4. Industrial lnsuranc~. The IZE,CII'IENT certifies full compliance with all applicable state industriaal insurance requirerrxents. I~f the ItECIPIF.NT fails. to comply with such lativs, the DEPARTMIvI~I'I' Crrant Nt~. V 12f)41 S~ Jefferson County Public Hea9th Page: 12 of 17 shall have the right to immediately tertninate this agreement far cause as provided ice Section K.1, herein. G. KICKBACK5 The REC'IPIP:IVT is prohibited froth inducing by any means. arty person employed or otherwise involved in this project to give ctp any part of the eompensatian to which he,'she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. I-~. E~UllTTS AI~1^ 11tii~PCC~'IC1NS 1. 'T'he I21^CIPIIJNT shall maintain complete program rind financial records relating to this agreerrtent. Such records slaail clearly indicate total receipts and expenditures by fund source and task err object. AIi granU'loan records spas]] be kept in a manner wlxich provides an atadit trail for all expenditures.. All records shall be kept in a carnmon #aie to facilitate audits and inspections. Engineering documentation and Feld' inspection reports of all construction work accomplished under this agreetxxent shall be maintained by the REC11'lEJ~1T. 2. All t;~ranv'loan records shall be open for audit or inspection by the I.?11PARTNIENT or by any duly authorized audit representative of the State of'Vv'ashi ngtan for a period of at least three years after the Cnal grant pad°menttloan repayment ar any dispute resolution hereunder, if any such audits identify discrepancies in the financial records, the CtEC1PIE;~I'T' shall provide clarific:atian and,iar snake adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to floe pl/PAIZTMEI`l`1' and to any authorized state, federal or local representative t'or inspection at any time during the course afthis agreeraxent and for at least three years following grantfinan termination or dispute resolution hereunder. 12J3C1PI1NT shall meet the provisions in E3MB Circular A~133 (Audits of States, ]..Deal Covernrxaents & ~lon Prot. Orgataizatians), including the compliance Supplemecat to CM13 Circular A-133, ifthe I~FC1PiE1~1T expends $5t74,[1gfJ car more in a year ice J~ederai Rands. Tlae S~Uf3;t3~0 threshold fnr each year is a cumulative fatal of all federal funding from all scaurees. Tlxe It~CIPII~i`lT must forward a cagy of the audit along with the RECIT~IE]~iT'S response and the final corrective action plan to the ~k'PARTMEI~l7' within tainety {9~} days of the date al'the audit report. I. PERFE7Rl~'~ANCE RFF[3RTIlVG The I~;C11'fI±NT shall submit prag~ess reports to the ~EPAR'1"MET~IT with each payment regrtest ar such other schedule asset forth in the Special Conditions. The It>/C[PIEN'1' shall also report in writing to the L~EPAI~TMEI~iT arty problerrts, delays car adverse conditions which will tnateriall,~ affect their ability to rrteet project objectives or time schedules, This. disclosure shall be accampartied by a statement of the action taken ar proposed and arty assistance needed from the I]EI',~'1I~TMi=,NT to resolve the situation. Payments may be withheld it`rcquired progress reports are not subrnitled. Quarterly reports shall cover the periods January l through Nlarch 3 I, April l through Jutae 3C1, Jztly° 1 through Septetxaber 3tk, and C?ctober 1 through l=3ecetraber 31. ltoports slaali be due within thirty (30} days following the end of floe quarter Ding reported. Grantlvp. Gt2C141$4 Jct~ferson C;punty Public Health t'at;e 13 ~f 17 .l. Gp,~I'ENSA'~IC7N 1. Method of`campensatian. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and na mare often than once per month. Each request for payment. will be submitted by the RECIPIENT nn State ~~caucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each taslcfphase of the project, or portion therenf`, as set out in the Scope of '4TVork when completed by the RECIPIENT and approved as satisfactory by the Project f3fficer. The payment request fQrrn and supportive documents must itemise all allowable costs by major elements as described in the Scope of Work. Instructions for subrrcittng the payment requests are found in "Administrative Requirements for Recipients of Ecology Grants and I_:oans", part IV, published by the DEPARTMENT. A copy nfthis dacutment shall be furnished to the Ii.ECIPIEI~IT. When payment requests are approved by the pEPAR'I"I'vIENT, payments will be made to the mutually agreed open designee. Payment requests shall be submitted to the DEPART1vIENT and directed to the Project C~f~cer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be trade for actions of the RECIPIEI~IT pursuant to the grant~loan agreement and perfartnned after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 3. Final Request~(s} for payment. The RECIPIENT should sulamit final regatests for compensation within forty-five (45) days after the expiration date of this agreement and within fifteen {15) days after tl~e end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. "I'he DEPAR`9"MENT may yr"ithhald an amount not to exceed ten percent 4lfl°/p} e~f each reirnbursarnent payment as security for the RECII'II~N°fi"s performance. lvlorties withheld by the 177EPAItTMF.Iv`'I` may be paid to the RECIPIENT when the projects} described herein, ar a portion thereof, have been completed if, in the I~EPAR"T'MENT"s sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of arc audit as specified under section J.6 herein. 5, lJnauthorired Expenditures. Adl payments to the REGIPIE,NT` may be subject to final audit by the DEPARTMENT and any unauthnri~ed expenditure(s) charged to this grant loan shall be refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per C~iem. If mileage and per diem are paid to floe employees of the RECIPIENT` ar other public entities, it shall not exceed the amount allowed under state law far state employees. ~. C)verhead Casts. No reimbursement for overhead casts shall be allowed unless provaded far in the Scope of W ork hereunder. K. 'I E1tMi1VATlDIsI Y. For Car~se. The obli~at'snn of the I~EPAR'i'MENT to the RECIPIENT is contingent upon satisfactory performance by the REClI~1ENT of ail of its obligations under this af~reernettt. In the event the RE.CIPIE'~1T unjustifiably fails, in the opinion of the IJEPARTMENT, to perform any: abligatinn required of it by' this agreement, the DEPARTMEN`I" may refuse to pay any° further funds thereunder andlor terminate this agreement by ai~~ing written notice of termination. Grant sNo. G1?(7[)]8~I Jeffersory County Yu17Bic Health Yaffe ~ ~ c~E 17 A written notice ofterrnination shall be given at last five w°orking days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports ar other rrtatt;rials prepared by the I~CCIPIENT under this agreerraent, at the option of the I~EPAR"1°IvIEN'I', shall become I3epartment property. and the RECIPIENT shall be entitled to receive just and equitable compensation fear any satisfactory° wank completed an such documents and other materials. I}espite the above, the RFC.IPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the I7EI'~R'I'I'vIEI~IT andlnr the State of Washingtoaa because of any breach ©f agreernetrt by floe RECIPIENT. "1'he DEPARTMENT may ~~"itl7hoid payments for the purpnse of setoff until such tune as the exact amount of damages due the I7EI'ARTMt;NT from the RECIPIENT is determined. ~. Insufficient Funds. The obligation of the DFPARTtvIENT tea make payments is contingent on the availability of stag and federal fursds through legislative appropriation and state allotment. 4~'hen this agreerrtent crosses aver state fiscal years. the obligation of the I]EPARTIw9IJNT is contingent upon the appropriation of funds during khe next I=rscal year. T`Iae failure to appropriate or allot such funds shall be goad cause to terminate this a~~reement as provided in par=agraph K. l above. When this agreesrrent crosses the RECIP[ENT's lineal year, the nbligation of the ItECIPII/l~'I' to continue or camp[ete the prv~ect described herein shall be contingent upon appropriation of trends by the RECIPIENT"s governing body; provided, however, that nothing contained herein shall preclude the I~EPIAi~Tlv1ENT from demanding repayment of AI.L ]`ends paid tea the RI3CII'IINT in accordance with Section {] herein.. 3. Failure to Commence Work, In the went the RF,CIPIEN'I' fails to catrlmence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upcan in writing for cornrnencement of w-cark, the I)IP~RTMEN'I' reserves the right to terminate this agn'eernent. L. WAI4'EIi 4'i7aiver of any RECIPIENT default is not a waiver of any subsequent default. 1~'aiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification af`the terms of this agree~r~ent unless stated as such in writing by the at~thori~e.d representative of the D1uPAR1'MEI~`T. M. 'PRQI'EIZTY ItIGIITS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials tsr invents any patentable property, the RECIPIENT tray copyright or patent the sara~e but the. I~EPAIZTa`v1FN'I' retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recur°er or otherwise use the rr~aterial(s~ or property and to authnri~e others to use the sarr~e for federal, state or local government purposes. V~rhere federal funding is involved, the federal gnvernment array have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as pro~°ided in 3~ FJ.S.C. 2~D-?l?. 2. Publications. When the 1tECIPIEN'I" car persons en~pl~yed by the I~_ECIPIENT use or publish information of`the DEPART"1VIENT; present papers, lectures, or seminars involving infE~rtnatinn Carant 1~1rJ. t,12t](}189 Jet~~rson County Public Health Pale '15 of 17 supplied by the ~EPARTIvIENT; use loges, reports, maps or ether data, in printed reports, signs, brochures, pamphVets, etc., appropriate credit shall be given to the DEPARTI4~IENT. 3. Tangible F'ruperty Rights. The f]EPAR'fMENT's current edition of "Administrative Requirements far Recipients of Ecology Grants and Loans°', Park V, shall central the use and dspasitivn of all real and personal property purchased wholly ar in park L~r'sth funds furnished by the 17EPARTME~IT in the absence of state, federal statute{s}, regulation{s}, or policy{s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal ['roperty Furnished by the L3EPARTMEIVT. When the 131PARTMI=NT provides personal property directly to the RECIPIENT for use in perforntance of the project, it shall be returned to the I~1r1?,AR"I`1vIENT prier to final payment by the 17FPAI~T~rIENT. If said property is last, stolen yr damaged 'while in the RECIPIEY`JT's possession, the DEPARTMENT shall be reimbursed in cash yr by setofl'by tl~e RECIPIENT for the fair market value of such property. 5. Acquisition Projects, The following previsions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities:. a. Prior to disbursement of funds provided for in this agreement, the R>1CIPIE?ti`T shall establish that the cast of landlor facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title ar abi$ity to acquire title far each parcel prier to disbursement of funds provided by this agreement. 'Such evidence may include title insurance policics,'I'vrrens cerkificates, or abstracts, and attorney's api¢lions establishing that the land is free from any impediment,. lien, or c}aim which would impair the uses contemplated by this agreement. 6. Conversions, Regardless of the contract termination date spawn on the saver sheet, the RECIPIENT shall nc~t at any time convert any equipment, property or facility acquired ar developed pursuant tv this agreemenk to uses other than those far which assistance was originally approved without prier written approval of the 1-JEFAR"T1vIENT. Such approval may be conditioned upon payment to the I3EPARTI'uIENT of that portion of the proceeds of the sale, lease ar ether convcrsian or encumbrance which manias granted pursuant to this agreement bear tc~ tl~e total acquisition, purchase ar canstructlon casts of such property. N. SUSTAI1VAlf~>l1E pRpI~T~'CTS In order to sustain `Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when passible. These practices include use of clean energy, and purchase and use of sustainably produced praclttcts ~e.g, recycled paper). 1*ar mare inf~~rrnatian, see G~v'~'.~Gy.~'a.gavlsustainalsility. []. R~CQVEI~Y Gf~ PAYMENTS TG 1<t)ECIPIENT q`he right of the l~I1C1PIl~NT to retain monies paid to it as reimbursement payrr~ents is contingent upon satisfactory performance of this agreement including the satisfac:trrry carnpletian of`the project described in the Scope of ~'~fvrk, In tl~e event the R.FCIPI>/'J'I` fails, for an;° reason, to pa:rfarrn obligations required of it by this agreement, the R1CIPlI~N7' may, at the UEPt11tT1vIENT°s sale discretion, be required to repay to the []EPARTNIItNT all granL'loan funds disbursed to the RECIPIENT far these parks ot'the project that are rendered worthless in the opini«n of the f)FP:~RTENT by such failure to perform. {~rantNo. GtZ(}C3t89 Jet'ferson C~runty Public Health Page 16 ©f 17 Interest shall accrue at the rate of twelve percent (12%©} per year from the time the DEP~R'd~"Nl'PI~~T demands repayment of Bands. I#~payments have been discontinued by the I]I~PARTIv11:~I'I` due to insufiici~;rat fainds as in Section K.2 shave., the RECIPIENT shall nit be obligated to repay monies which had been paid to the R~CIPIFNT prior to such terrninatiori. An' property acquired under this agreement, at the option of the DEPAR`TMEN'T', rtaay become the DEPARTMENT'S property and the FtFCIPfENT'S 'liability to repay monies shall 1?e redtseed by an aa~aoa.ant reflecting the fair value. of such property. g, ~~xQJI~ CT ~ PPUavAr~ 'Che extent and character of all work and services to be performed under this agreement by the I~,CIPI) 7I~3T shall be subgect tc~ the review and approval of ttre DEP~+,,RTM~IV~' throragh the Project ~dfficer ar ether designated official to wham the RECIPII'1N'I" stash report and be responsible,. In the event there is a dispute with regard to the extent and character oi'the wvork to be done., tl~e deterrninatitan of the Project Gffcer or ether designated official as to the extent and character oFthe work to be clone shall govern. The RECIPIENT shall have the right to appeal decisions as provided far helots°. Q. DtSPIJTES I/xcept as otherwise provided in this agreement, any dispute concerning a gLaestion of fact arisiaig under this agreement which is not disposed of in writing shalt be decided by the Project Ufficcr or other desi~~raated official tvlao shall provide a written statement of decision to the RfCIPIIN'I~. The decision of the Project Officer or other designated official .shall be final and conclusive unless, within thirty days from the date of receipt of such state~raent, the RECIPIENT mails or otherwise furnishes to the Director of the I7EPART1trIENT a ~°ritten appeal. In connection with appeal of any proceeding under this clause,. the RILII'IENT shall have the opportunity to be heard and to offer evidence in support of this appeal. "Tlae decision ofttae Director or dtaly authorised representative For the determination of such appeals shall be final anal conclusive.. Appeals from the Director°s deterrraination shall be braazgtat in the Superior {;curt of Thurston Caunt<•. Review oftlre decision ofthe Director will not be sought before either the Pollution Control I-iearings Hoard or the Shoreline Hearings C3oard. Pending final decision of dispute lteret~nder, the ItECIPIEN'T sha41 proceed diligently with the performance of this agreement and in accordance with the decision reaadered. fit. CaI~T~~ICT [)F' IN"I`EREST No officer, ar~erraber, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out o1`ttais agreement, shall participate in any decision tt•hich affects blather personal interest or the interest of any corporation, partnership or association ira va:~l~ich heJshe is, directly or indirectly interested; nor shall he!sl~e have any personal or pecuniary interest, direct or indirect,. in this agreement or the proceeds thereof. S. ~1titL3lla'lV'1<I~3IF1C~~'flE~l~ 1. The DEPAR"I'MI:NT small ia~ no way be held resp~arashle Far payment of salaris:s, constaltant`s fees, and Other costs related to the project described herein, except as provided in the Scope of Fork. Grant i~Ip. ~ l 2(J4~ 1$9 3efferson County t'ublic t3ealth Page. t7 at t7 Z. To the extent that the Constitution and laws rrf the State of Washington permit, each party shall indemnify and hold the other harmless from and against any lai~ility for any or all injuries to persons car property arising from the negligent act or omission of~that party or that party's agents car employees arising out of this agreement. 'T. GpVERNTNG LAW This agreernerat shall be governed by the laws of the Mate of Washington. lll. SEVEItASILI'I'Y If any provision of this ag~reernent ter any provision of any dt~cument incorporated by reference shah be held invalid, such invalidity shall not affect thy; other provisions ofthis agreement which can'be given effect without the invalid. provision, ar,d to this end the provisions of this agreement are declared t€~ be severable. V. PRECEL)IENCF In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: {a} applicable rederal and State statutes and regulations; (b} Scrape of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the'°P~drrrinistrative Requirements far Recipients of Ecology Grants and I.~~ns' ;and (e} the General Perms and Conditions. tlV Wi'i'NI/SS WIF'IE€*:FfIP', the parties sign this Agreernerst: S`t'A'li E Dl~ WASHINGTON JEF'FI1R5f7N C:O~NTY Dl~'I'ARTIA'IENT Ula EC()~,gGY PUBLIC Ilt~;ALT I.,a rrse G. Davies Da e S~gnatc>r Date Program Manager -, . Wasie 2 Resources Pra~;rarn ~~~~~ ~.t'=~i l' ~ ±.~i ~~!l-~~` Printed Name and Title of Signatory AI'I'RGVE© AS Td li[7~ItNt DN1~Y Assistant Attnrney General :~~sprc~ved as ~ f~~°tn gin] ~~-~~ ~~j 1~f~~t•sott Co. Prosecutcar'~ ff~c